Poo Pool

[tone]

Hi All

We have recently had our first meeting with our administrators principally to form a community but they have said that legally a single community could not be set up, it is necessary to have two separate communities. One for phase 1 and 2 and one for 4 and 5. The administrators also say that 1 and 2 cannot have use of the pool which is near phases 4 and 5 because: 1. Theres no insurance cover 2. It requires 100% agreement from phase 4 and 5 owners and 3. Phase 4 and 5 would (probably) require a finacial contribution from us, Ph 1 and 2 towards upkeep. This amounts to renting and as 4 and 5 are not a company it would be illegal.

We appear to have no reference to the pool in our Escritura but in a Preliminary Promissary contract it refers to the Memorandum and this has a picture of a pool. It also identifies 'as the housing developement phases ZR-4, ZR-9 and ZR-10' and in the next paragraph informs that a community of unit holders will be created once the housing developement has been completed for the maintenance of the common areas.
I also have sales promotion leaflets with pictures of the pools on and stating 'Communal swimming pools' We all come under the same name and urbanisation.

Has anyone else come across this problem? Any help is appreciated

[voyager2110]

Our community is some 850 duplex apartments. We have 3 pools, but only 1 community. I cannot imagine the stupidity of refusing access to a pool which maybe nearer your house than another.

What next, telling you that the light from their street lights is not for you or that you cannot use their roads or bins ? Barmy.

[deniseatnycs]

We had the same problem on our Urbanisation with two phases sharing one pool (the only one open for the first year) and the third phase having their own smaller pool which did not open until the third phase Community was set up and their was enough Community charge collected to fill their pool and maintain it.
Problem was, as it may be with your different phases, phases 1 and 2 were paying to maintain a pool that they were unprepared to let another phase use for free. We got round it by charging the third phase (thise who wanted to use the pool) the same Community charge as phases 1 and 2 paid on a monthly basis and all monies collected were spent on items to go round the pool, therefore not making a profit as such from this.